P.K.Modwil v. Arun Rai

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C.

7914/2025, CRL.M.A.

33143/2025, CRL.M.A. 33144/2025 & CRL.M.A. 33145/2025 P.K.MODWIL .....Petitioner Through:

Ms.

Ambareen, Adv.

(through VC) versus ARUN RAI .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 11.11.2025 1.

By the present petition, the petitioner essentially challenges the order dated 18.07.2023 (hereafter 'impugned order'), passed by the learned Metropolitan Magistrate, South East District, New Delhi in CT Cases 1009/2021 pursuant to which the summons were issued against the petitioner for the offences under Sections 405/415/463/468 read with Section 34 of the Indian Penal Code, 1860.

2.

It is not disputed that the impugned order was passed by the learned Magistrate and is revisable before the learned Court of Sessions.

3.

On being asked, the learned counsel for the petitioner submits that the time to file the revision petition has already expired, and therefore, the present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC'). 4.

Such indirect recourse, in the opinion of this Court, are not acceptable. When the impugned order is revisable before the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/11/2025 at 11:41:23

Court of Sessions, the petitioner cannot be allowed to bypass the revisional jurisdiction of the Sessions Court, and file a petition under Section 482 of the CrPC before this Court, merely because the limitation to file the revision petition has expired. 5.

The present petition is, accordingly, dismissed. Pending applications also stand disposed of.

AMIT MAHAJAN, J NOVEMBER 11, 2025 "SS"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/11/2025 at 11:41:23